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(영문) 제주지방법원 2018.06.07 2016고단3018

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 2, 2016, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act (non-licensed driving) at the Jeju District Court on June 2, 2016, and the sentence became final and conclusive on October 14 of the same year.

The defendant is a person who is engaged in driving a car B A6 car.

On September 14, 2016, the Defendant driven the said car without a driver's license on September 14, 2016, and proceeded straight along the two-lane distance from the new luminous distance to the two-lane from the entrance of the off-day market located in the 7795 (Nomene-dong) per week at Jeju.

Since there is a road where vehicle traffic is frequent, the driver of the vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to drive the vehicle safely.

Nevertheless, the Defendant neglected to drive stroke while driving, caused the back part of the Defendant’s vehicle in front of the Defendant’s vehicle at the front of the signal waiting at the Defendant’s front side, and caused the Defendant to shock the front part of the Victim E(54) driving, where the said taxi was pushed down in the front of the signal waiting at the Defendant’s front side.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as a brush and open wound around the snow that requires approximately two weeks of treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on the occurrence of a traffic accident;

1. A written statement related to a traffic accident;

1. A survey report on actual conditions;

1. The driver's license ledger (A);

1. A medical certificate;

1. Application of a reply to inquiry, such as criminal history, and the application of the Act and subordinate statutes on Report of Investigation (Attachment to the Judgment);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Punishment;